tdiu Copy Of My Nod Any Advice?

[majrrich]

This is a copy of the NOD that I prepared. Denied IU

Please accept this Statement as my Notice of Disagreement (NOD) with your decision which denied my claim for increased compensation due to Unemployability dated Jul 8, 2008

I am requesting a DRO review of your denial.

i disagree with your decision for the following reason:

You stated in your lasrt paragraph"Our letter to you dated Jan 9,2008 requested that you complete and return VA Form 21-8940, Veterans Application for Increased Compensation based on Unemployability) to date, we have not received it. Therefore, we have denied your claim as the information requested was crucial to our decision."

The first time I sensdt Form VA 21-8940 was on July 9, 2007 it was received at the VARO on Jukly 11,2007. I have enclosed a copy of the return receipt from the USPS signed by -----Dated Hyly 11,2007

The second time I sent VA Form 21-8940 was after I received your letter dated Jan 9, 2008. I have enclosed a copy of the return receipt from the USPS signed by-----dated Jan 31,2008.

I do realize that at times items get lost. So I will re-submit my evidence to support my claim which was never considered including a NEW VA Form 21-8940.

Since it appears the reason for denial was the absence of the VA Form 21-8940. I hope that once you have the required information you will reach a favorable decision for my request for Increased Compensation due to Unemployability.

I have enclosed the following New and Material Evidence for your consideration

1. VA Form 21-8940 with statements attached

2. VA Form 21-4192

3. letter from ------ my former customer

4.Declaration from Wife

5. Letter from ------ L.C.C.W.,B.C.D. and Dr. -----M.D.

6 Copy of return receipt dated July 7, 2007

7Copy of reurn receipt dated Jan 31, 2008

What do you think?? does it sound OK

Thanks

Rich

[john999]

I think employers hate to state in writing that they fired you because of a disability. If you had a legal document that would relieve them of all liability they might be more willing to make such a statement. If they have a lawyer you have to get by him. This is where having your lawyer talk to their lawyer to iron out any potential blowback on the employer. If you have the right kind of approach I think most claims can be won.

[jbasser]

Independant contractors are self employed. I think they treat that a little different.

You can keep a personal Journal of your working schedule and state the last day you worked and state your conditions caused you to stop working on a certain date. If you can remember dates you can still back fill one out if you can remember.

That is one avenue to look at. You basically fired yourself.

J

[carlie]

majrrich,

You posted,

"i disagree with your decision for the following reason:

You stated in your lasrt paragraph"Our letter to you dated Jan 9,2008 requested that you complete and return VA Form 21-8940, Veterans Application for Increased Compensation based on Unemployability) to date, we have not received it. Therefore, we have denied your claim as the information requested was crucial to our decision."

Just my opinion but I feel this is just the first reason VA used to deny the claim for IU.

I feel that the moment someone at VA could not locate your completed 21-8940 - BAM,

Denial -- and no further development took place at that time.

Now that they will have to acknowledge the receipt of your IU form,they will begin to

process your claim.

jmho,

carlie

[john999]

Right, Carlie, then they will start to think up reasons to deny the claim. That is why I say get your IMO, private medical records and hearing request. The VA just does not hand out TDIU without a fight. They know you will never work again and they will be paying for you and yours for many years.